Filed Date: Dec. 15, 1983
Clearinghouse coding complete
In 1988, three separate lawsuits were filed in the United States District Court for the District of Columbia, challenging the Secretary of State's refusal to issue nonimmigrant tourist visas to aliens that the plaintiffs had invited to come to the U.S. for public speaking engagements. The State Department denied the visas under Section 212(a)(27) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(27) (1982), which permitted exclusion of aliens who seek to enter U.S. to engage in activities that would prejudice public interest or endanger security of United States. The U.S. citizen plaintiffs claimed that the denial of the visas to the aliens infringed the plaintiffs' First Amendment rights. The three cases and the aliens who requested visas were: Abourezk v. Bush, No. 88-5235 (Tomas Borge, Nicaragua's Minister of the Interior); City of New York v. Baker, No. 88-5236 (Olga Finlay and Leonor Rodriguez Lezcano, members of the Federation of Cuban Women); and Cronin v. Baker, No. 88-5237 (Nino Pasti, former member of the Italian Senate and participant in the World Peace Council).
The District Court (Judge Harold H. Greene) entered judgment in favor of the government. Abourezk v. Reagan, 592 F.Supp. 880 (D.D.C. 1984). Plaintiffs appealed. The Court of Appeals vacated and remanded for further consideration of the issue of whether subsection 27 permitted the exclusion of aliens based solely on a State Department determination that their mere entry or presence in the U.S., rather than their anticipated activities after entry, would prejudice American interests. Abourezk v. Reagan, 785 F.2d 1043 (D.C.Cir. 1986). Certiorari was granted by the U.S. Supreme Court. Reagan v. Abourezk, 479 U.S. 1016, 107 S.Ct. 666, 93 L.Ed.2d 718 (1986). The Supreme Court affirmed. Reagan v. Abourezk, 484 U.S. 1, 108 S.Ct. 252, 98 L.Ed.2d 1 (1987).
On remand, the District Court granted summary judgment for the plaintiffs and ordered that nonimmigrant visas be issued. Abourezk v. Reagan, 1988 WL 59640, 1988 U.S. Dist. LEXIS 5203 (D.D.C. June 07, 1988). The government appealed the Court's orders in the Baker and Cronin cases.
The Court of Appeals found that the Baker case had been rendered moot in light of Presidential Proclamation 5377, which suspended entry of all officials of the Cuban government or those considered to be members of the Cuban communist party. As the Baker plaintiffs were denied entry by the Proclamation 5377, their case was ordered dismissed. In the Cronin case, the Appeals Court remanded so that the District Court could rewrite its order so as to not exceed its authority. City of New York v. Baker, 878 F.2d 507 (D.C.Cir. 1989) rehearing denied by 888 F.2d 134 (D.C.Cir. 1989).
We do not have any further information on the case.
Summary Authors
Dan Dalton (12/30/2007)
Bork, Robert Heron (District of Columbia)
Boudin, Leonard B. (New York)
Bernal, David V. (District of Columbia)
Blankenstein, Paul (District of Columbia)
Bombaugh, Robert L. (District of Columbia)
Last updated March 20, 2024, 3:16 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: District of Columbia
Case Type(s):
Key Dates
Filing Date: Dec. 15, 1983
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Individual aliens who were denied visas, and that had been invited by American citizens and organizations to come to the U.S. at various times in 1983 to engage in public speaking events.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Immigration and Naturalization Service, Federal
Case Details
Causes of Action:
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
U.S. Supreme Court merits opinion
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1988 - None
Issues
Immigration/Border: